Terms and Conditions

LICENSE 

DR EGG ADVENTURES is an education resource for primary school students between the ages of 6 to 12. The resource is also intended to assist teachers in the delivery of STEM education in Primary Schools. Use of this product is conditional upon the acceptance of the following terms and conditions.

1. Acknowledgment and acceptance of General Conditions

1.1 PLEASE READ THIS USER AGREEMENT CAREFULLY, AND IF YOU ARE UNDER THE AGE OF EIGHTEEN, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THE AGREEMENT ON YOUR BEHALF.

1.2 The Site refers to any and all access to Dr Egg Adventures websites and resources, via static or mobile devices, in either native or mobile application format. Your access to and use of the Site (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained or referred to on this page (General Conditions). Your Access to the Site constitutes your agreement to be bound by the General Conditions and that agreement may be enforced by us. If you do not agree with any of these General Conditions, you must not access the Site.

1.3 Please note that these General Conditions apply to all users, regardless of whether a licence to Access the Site has been purchased by a school / educational institution on behalf of students and teachers, or directly by a student or parent.

1.4 The general terms and conditions that apply are those that are in force at the time the agreement is entered into.

2. Privacy

2.1 Before using the Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your Access will be handled in accordance with our Privacy Policy, and by Accessing the Site, or allowing your child/student to Access the Site, you consent to the collection, storage, use and dissemination of your personal information in accordance with this Privacy Policy.

3. Ownership of content

3.1 Dr Egg Adventures or its subsidiaries, affiliates, and suppliers retain all rights, title and interest, including all copyright and other intellectual property rights, in and to, the product and all copies thereof.

3.2 The Site, including without limitation all materials displayed on or produced through the Site, information, text, illustrations, graphics, video, sound recordings, software including the code comprising or used to operate the Site, functions, tools, results derived from the use of software and tools, data collected from Access to the Site, names, logos and trademarks on the Site (collectively, Content) and the intellectual property rights therein belong to us and are protected by copyright, trade mark, trade secrets and other intellectual property rights laws unless expressly indicated otherwise on the Site.

3.3 You must not modify, copy, reproduce, republish, frame, reverse engineer, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except in accordance with applicable law, these General Conditions or with our express prior written consent.

4. User Generated Content

4.1 Certain Sites and products may allow registered users to submit content through, or post content on, the Site (User Generated Content or “UGC”). For example, Dr Egg Adventures Laboratory Eggbox or Dr Egg Adventures Kids Page.

4.2 If you make any UGC available through our Site, you give us permission to use, copy, modify, adapt, display and distribute that content for the purposes of (i) you and your teacher/school utilising a feature or function of the relevant product or Site; (ii) for administrative, planning, product improvement, quality control and academic or research purposes relating to our products and services, and/or (iii) otherwise in accordance with the restrictions outlined in these General Conditions and in accordance with our privacy policy. This permission is irrevocable and without payment or attribution. Unless otherwise specified, by making UGC available through the Site, you grant us a worldwide, non-exclusive, perpetual, royalty free, sublicensable and transferable licence to use any such UGC in whole or in part. You are not giving up your ownership rights in your UGC, however, if you make UGC available through our Site or product, you do give us permission to use it in accordance with these General Conditions.

4.3 Your name and comments, suggestions and other feedback about our products, made through our feedback forums, may be viewed by other customers and users registered to participate in those feedback forums. If you would prefer to submit feedback to us directly, please contact us via [email protected].

4.4 If you are going to make content available through our Site, it must not be offensive or inappropriate, and it must not infringe or violate the rights of any third party.

4.5 We reserve the right to take down or delete any UGC at our discretion.

5. User code of conduct and Access rights

5.1 You are allowed to utilize the Site solely for its purpose. Any user, including, students or teachers, found to be in breach of these General Conditions, acting in a manner that we deem to be inappropriate or inconsistent with the spirit of these General Conditions (e.g. submitting fraudulent results), or that is unlawful or prohibited by any laws applicable to the Site, may result in suspension or termination of your account.

5.2 You must not access or use the Site or the Content in any manner or for any purpose which is illegal or prohibited by any laws that apply to you, violates our rights in any way, or is prohibited by the General Conditions.

5.3 You must not use the Content for commercial purposes without first obtaining our express written authority.

5.4 You must take your own precautions to ensure that the process, which you employ for accessing the Site, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. Dr Egg Adventures does not accept responsibility for any interference or damage to your own computer system or data, which arises in connection with your Access.

6. Security of Your Account

6.1 Users of the Site must protect their usernames and passwords from unauthorised use. Terms and conditions related to account usernames or passwords will be defined at the Point of Purchase.

6.2 You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. If you suspect any unauthorized use of your account, please notify us immediately through [email protected].

6.3 Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. The Dr Egg Adventures company disclaims responsibility for all negligent acts that may result in disclosure of your personal information.

7. Resource Updates

7.1 The company will take reasonable effort to ensure the website remains operational during updates. However, as the Site and our Content is continuously evolving, there may be some disruptions to accessibility. We reserve the right to delete, modify, change, evolve and improve existing Content, including curriculum, product features and tools, at any time without notice or consent.

7.2 A Paid Subscription to the Dr Egg Resources permits the subscribed user access to the resource in its native format across both static and mobile devices. We reserve the right to levy additional charges for access to resources outside this limitation. In some cases, additional subscription charges may be levied for uses outside those described in this license agreement or point of purchase terms and conditions. For example, premium additional content.

8. User Agreement Amendments

8.1 The general terms and conditions that apply are those that are in force at the time the agreement is entered into. Use of this resource is conditional upon acceptance of these terms and conditions.

8.2 We may amend or supplement this User Agreement at any time. At the time of subscription renewal please check this User Agreement so that you will understand the terms applicable to your access and use of this Site and product.

9. Copyright

9.1 Copyright in this Site (including without limitation all content, text, graphics, logos, icons, sound recordings, video, software and downloadable / printable files, worksheets, workbooks and resources) is owned or licensed by us.

9.2 Other than for the purposes of, and subject to the conditions prescribed under copyright law applicable to you (for example the Australian Copyright Act 1968 (Cth) or similar legislation which applies in your location), or except as expressly authorised by these General Conditions, you may not in any form or by any means:

9.2.1 adapt, reproduce, communicate, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or

9.2.2 commercialise any information, products or services obtained from any part of this Site.

9.3 Reproducing resources in hard copy: Where copyright legislation in a location includes a remunerated scheme to permit educational institutions to photocopy or print any part of the Site, we (or the owner of the copyright material) will claim remuneration under that scheme where such resources (for example, but without limitation, our worksheets, workbooks or other resources that can be used in hardcopy format) are printed or photocopied by, or on behalf of, educational institutions (e.g. by teachers for use in the classroom or by students or where teachers direct students to print or photocopy worksheets for use by students at school). This may lead to an increase in the fees for educational institutions to participate in the relevant scheme.

10. Pricing 

10.1 For the purposes of this agreement, Subscription Fee means: 

(a) Free Trial – $0; (for defined period of one term)

(b) For Individual Paid Subscription – refers to the amount advised by Dr Egg Adventures on the website or otherwise agreed upon in writing, at least 14 days in advance of each subscription period commencing.

(c) For School Subscriptions – i.e in the case of product use by Schools – you shall be required to sign an offline order form that shall govern the commercial terms of School’s Subscription to our products. Any free trial periods that are offered in combination with Macquarie University Research Program will be negotiated at the time of purchase.

10.2 Dr Egg Adventures may amend the price of the services/product at any time, and if you have a recurring purchase, it will be updated on the website, and we will notify you by email, or other reasonable manner, at least 14 days before the price change. If you do not agree to the price change, you must terminate and stop using the Services before the price change takes effect. If there is a fixed term and Subscription Fee for your Service offer, that price will remain in force for the fixed term.

10.3 In consideration for the Subscription Fee (if applicable) during a Subscription Period and in consideration for agreeing to these Terms, We will grant each registered User a non-exclusive, Australia-wide, non-transferable licence to access and use the System and the Material:

(a) in accordance with Your Subscription Type, including for You to search, download, print and use the Material, and use templates and materials for the production and uploading of New Material; and

(b) only for the purpose of:

(i) teaching students within Your School for the duration of the

Subscription Period only; and these terms and conditions must

be complied with upon the point of purchase (Purchase Point).

Purchase Point refers to the time of which the Subscription Fee

was agreed upon and purchase was made.

(ii) Unauthorised reproduction of templates and materials beyond the Subscription Period is prohibited and would require a

further license agreement.

10.4 Conversion from Free Trial to Paid Subscription

(a) If you register for a free trial, your subscription will not automatically renew at the end of the trial period, and your free trial will expire.

(b) Once your trial period expires your Account will be suspended/terminated.

(c) If you want to continue your subscription, you will be required to upgrade to a Paid Subscription Account.

(d) All customers will be contacted to be offered further subscriptions.

(e) Full terms and conditions apply to users during free trial periods.

11. Individual licences (“Home Subscriptions”)

11.1 Access to, and use of, Dr Egg Adventures resources is subject to our terms of use and privacy policy.

11.2 Home Subscription licenses are for individual, non-commercial purposes. Each license provides access to the relevant resource for a nominated student.

11.3 Term of Subscription and Renewal: Home Subscriptions are provided on an auto-renewing basis to ensure continued access to and use of the relevant resources. Home Subscriptions have a one (1), six (6) or 12 month minimum initial term that automatically renews for consecutive periods of the same length (each a renewal term) unless notice of cancellation is provided prior to the expiry of the initial term or any renewal term. We will automatically charge your nominated account using the payment method on file for each renewal term. We do not provide refunds to users who cancel part way through the initial term or any renewal term of a Subscription (subject to our returns/refunds policy below). You can manage and make changes to your Subscription by logging into your account.

11.4 Pricing: Fees and charges for your Home Subscription are detailed at the point of purchase. For each renewal term your payment details will be automatically charged the then current fees for the licence type you have selected, continuing on a recurring basis until you cancel your subscription. Promotional pricing, discounts and free trials only apply for the period specified and will commence on the purchase date unless otherwise agreed. At the end of the promotional period, your fees will revert to the then current fees for the licence type you have selected. All taxes are detailed in the tax invoice provided to the customer.

11.5 Delivery of products and services: Access to web-delivered services is provided immediately upon processing of payment. The product is currently available for access on platforms including Chrome, Mozilla Firefox, Safari and Internet Explorer. Future versions i.e. apps will also be made available as part of the subscription. Please check the website for the latest product and platform releases.

11.6 Product access and use: Users are responsible for their own costs associated with accessing the product, e.g. internet usage charges, data costs and computer / smartphone equipment costs. It is the responsibility of the user to ensure their device and internet access is sufficient to access the relevant product.

12. School Subscriptions

12.1 For our school / educational institution customers (School Customers) that purchase licenses on behalf of students and teachers, we enter into additional, specific terms at the time of purchase (Purchase Terms). Access by the School Customer and its teachers and students is governed by these Purchase Terms in addition to our General Conditions.

12.2 Although we have no reason to believe that any information regarding the curriculum contained in this Site and products is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information. Except where warranties are made non-excludable by applicable legislation.

13. After Service Conditions

13.1 Customer Service: During the Subscription Period, we will take all reasonable steps to ensure the System is in good working order, subject to internet and network connection issues which are beyond Our control. Any faults may be reported to our customer service to contact via www.dreggadventures/contactus.

13.2 While We will take reasonable precautions to ensure Our System is secure, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, we cannot ensure the security of any information transmitted to, from or using our systems and Users do so at their Own risk. All attempts will be made to provide a working version at no additional cost to the client

13.3 Refunds Policy: Except where required by law, no amounts paid to Dr Egg Adventures will be refundable.

13.4 Dr Egg Adventures also reserves the right to suspend any Account that has been inactive for six (6) months or more.

14. Payment Processor

14.1 Please note that payment will be processed by a third-party payment processor (this may include mastercard, visa, paypal) which you will be redirected to upon subscription.

14.2 Please note that the information you provide to the Payment Processor is not kept with the Dr Egg Adventures Company, but rather by such Payment Processor with whom the Company is in contractual relationship and who is committed to the highest industry standards in payment processing.

14.3 You will be bound by the terms and conditions of the use of the Payment Processor; available at dreggadventures.com.

15. Disclaimer and limitation of liability

15.1 Although we have no reason to believe that any information contained in this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information except where warranties are made non-excludable by applicable legislation.

15.2 We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this Site except where such liability is made non-excludable by applicable legislation. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness except where warranties are made non-excludable by applicable legislation.

15.3 Neither we nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the Content or any omissions from the Content, except where liability is made non-excludable by applicable legislation.

16. Indemnity

16.1 You agree to indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of the General Conditions, or reliance by you on any information obtained through the Site or your Access to the Site.

17. Trade Marks

17.1 Except where otherwise specified, any word or device to which the TM or ® symbol is attached, is a trademark in which we claim proprietary rights. We also assert all our trademark rights under the common law or otherwise. If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:

(a) in or as the whole or part of your own trade marks;

(b) in connection with activities, products or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive;

(d) in a manner that disparages us or our information, products or services (including this Site)

18. Termination

18.1 We may terminate access to this Site at any time with notice. The General Conditions will nevertheless survive any such termination.

19. Links to other websites and third party tools

19.1 The Site may contain links to third party sites (Linked Sites). Linked Sites are not under our control and we are not responsible for the content of any. We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents, employees and contractors. You link to any Linked Site or subsequent site entirely at your own risk.

19.2 Neither we nor our directors, officers, agents, employees and contractors give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or subsequent sites, nor do they or we accept any responsibility arising in any way for errors in, or omissions from any Linked Sites or subsequent sites.

20. General

20.1 We do not accept any liability for any failure to comply with the General Conditions where the failure is due to circumstances beyond our reasonable control.

20.2 Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstances or similar circumstances.

20.3 However, if we expressly waive any rights available to us under these General Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

20.4 If any of the General Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

21. Cookies

21.1 For information about the cookies we use, please refer to our Privacy Policy.

22. Challenges and competitions

22.1 From time to time, we host or operate challenges and competitions within the Site, which may be supported by third party sponsors. Challenges are designed to encourage school and student participation in a fun and engaging online learning event. These General Conditions, including our privacy policy, govern challenges and competitions, in addition to any other terms and conditions in place specifically for the relevant challenge or competition

23. Governing Law

23.1 The laws in force in New South Wales, Australia, govern these General Conditions. You agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these General Conditions is taking place or originating.